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JCCB affairs' management: HC sets aside Special Tribunal stay order
10/1/2014 11:54:06 PM
Early Times Report

Jammu, Oct 1: In two petitions challenging the order of Special Tribunal regarding stay of the order of registrar cooperative societies whereby the latter directed joint registrar (adm), cooperative societies, to look after the affairs of the Jammu Central Cooperative Bank Ltd (JCCB) till the Board of Directors, whose election is the subject matter of arbitration, takes over, high court judge Janak Raj Kotwal set aside the May 8, 2014, special tribunal order. Justice Kotwal observed that given the urgency and importance of the matter which is evident from the pleadings of the parties, the Special Tribunal shall straightway take up the main revision petition and dispose of the same expeditiously and in any case within two weeks after first effective hearing before it hereafter. The tribunal may, however, pass an order in the stay application after hearing both the sides simultaneously in the main revision petition and the stay application. Respondents on the first hearing before the tribunal shall file their objections to the stay application. Parties shall cause their appearance before the tribunal on October 13 next.
In the petition, JCCB chairman vide his order No Adm/Election/01-02 dated 02.04.2014, claiming to have been authorised by the Board of Directors in its meeting dated 10.03.2014, notified 18.05.2014 as the date for holding election to the Board of Directors of the JCCB and appointed Mohan Singh Bhatti, retired Assistant Registrar, Cooperative Department as Returning Officer (RO).
The RO vide his No ENT/12-14 dated 22.04.2014 issued a notice giving schedule of the election fixing inter alia 03.05.2014 as last date of withdrawal of candidature and 18.05.2014 as the date of poll, if necessary. The RO vide his No RO/Elections/BODs JCCB/106-119 dated 03.05.2014 declared the result showing that nine members were elected unopposed to the Board of Directors of JCCB.
Petitioner Ajit Kumar, claiming to be the president of Multi-Purpose Cooperative Society Limited, Muthi, Rakhwalal, filed an election petition against this election before the Registrar Cooperative Societies, Jammu and Kashmir, under Sub-Rules (5), (6) and (7) of the Jammu and Kashmir Co-operative Societies Rules 2001 framed under the Jammu and Kashmir Co-operative Societies Act, 1989. He assailed the election on various grounds. On presentation of this election petition on 06.05.2014, the registrar, having regard to 'gravity of the issue,' issued interim direction restraining the newly elected Board of Directors from exercising their powers. The Board of Directors, however, instead of responding to the notice issued by the Registrar, assailed the interim direction dated 06.05.2014 in a revision petition before the Special Tribunal, Jammu. In this revision petition, the petitioner (supra), Registrar, Cooperative Societies and Joint Registrar (Adm) have been arrayed as respondents. The tribunal on taking up the revision petition on 08.05.2014, besides calling the record, stayed the operation of interim direction dated 06.05.2014 issued by the Registrar.
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